Officer chooses not to give breathalyzer in assistant prosecutor's crash

GRAND RAPIDS, MI -- Grand Rapids police are reviewing an officer's decision not to give a breathalyzer test to a Kent County assistant prosecutor who struck a parked car going the wrong way on a one-way street.

The crash involving Assistant Prosecutor Josh Kuiper happened about 12:30 a.m. Saturday, Nov. 19 on Union Avenue at Avalon Terrace, south of Fulton Street. A person who was getting items out of the other vehicle had minor injuries and was taken to Mercy Health St. Mary's hospital for treatment.

Grand Rapids police Sgt. Terry Dixon confirmed that an internal review is underway to determine whether the officer acted properly in handling the crash. The officer, in a report, checked a box indicating that alcohol was a factor in the crash.

Police on Friday, Dec. 2 released body-cam video from officers at the crash scene. The video above shows the field sobriety test.

The report indicated that Kuiper admitted to consuming alcohol earlier in the evening.

The officer gave Kuiper a ticket for going the wrong way on a one-way street after giving him a field sobriety test. In the report, he said Kuiper performed well on the test, Dixon said.

Josh Kuiper at a 2015 court hearingMLive file photo

Meanwhile, Kent County Prosecutor William Forsyth demoted Kuiper, ordered him to get a substance abuse evaluation and placed him on suspension

Forsyth confirmed that Kuiper had been at a downtown Grand Rapids bar the night of Nov. 18. He was there attending a retirement party for Forsyth.

Forsyth also confirmed that two other prosecutors who saw Kuiper thought he had too much to drink. They advised him not to drive.

The punishment for Kuipers, Forsyth said, was due in part because he has "two prior after hours/off-duty incidents involving alcohol."